Ads
related to: appellate vs original court recordscourtrec.com has been visited by 100K+ users in the past month
propertyrecord.com has been visited by 100K+ users in the past month
legal.thomsonreuters.com has been visited by 10K+ users in the past month
Search results
Results From The WOW.Com Content Network
In cases where a judge rather than a jury decided issues of fact, an appellate court will apply an "abuse of discretion" standard of review. Under this standard, the appellate court gives deference to the lower court's view of the evidence, and reverses its decision only if it were a clear abuse of discretion.
Because the courts of appeals possess only appellate jurisdiction, they do not hold trials. Only courts with original jurisdiction hold trials and thus determine punishments (in criminal cases) and remedies (in civil cases). Instead, appeals courts review decisions of trial courts for errors of law.
When a case is between two or more states, the Supreme Court holds both original and exclusive jurisdiction, and no lower court may hear such cases. In one of its earliest cases, Chisholm v. Georgia, [2] the court found this jurisdiction to be self-executing, so that no further congressional action was required to permit the court to exercise ...
In all other cases, the court has only appellate jurisdiction, including the ability to issue writs of mandamus and writs of prohibition to lower courts. It considers cases based on its original jurisdiction very rarely; almost all cases are brought to the Supreme Court on appeal. In practice, the only original jurisdiction cases heard by the ...
The writ is usually issued to a state supreme court (including high courts of the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa), but is occasionally issued to a state's intermediate appellate court for cases where the state supreme court denied certiorari or review and ...
Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals, which only hears appeals raised in criminal cases, and the U.S. Court of Appeals for the Federal Circuit, which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims ...